(영문) 부산지방법원 2015.11.25 2014가합53250

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(영문) 부산지방법원 2015.11.25 2014가합53250

손해배상(기)

Text

1. The Defendant’s KRW 115,912,120 for the Plaintiff and KRW 5% per annum from May 8, 2014 to November 25, 2015.

Reasons

Basic Facts

The plaintiff is a company aimed at refining petroleum and selling petroleum products, etc., and the defendant is a person who operates a gas station in Busan-gu, Busan-gu (hereinafter "the gas station in this case").

Article 1 (Installation of Facilities) In accordance with the conditions prescribed in this Agreement, the Plaintiff shall allow the Defendant to use the following facilities, and the Defendant shall use them for handling petroleum products supplied by the Plaintiff.

[Unit: 1,000 won (won appears to be a simple clerical error)

(A) A value-added tax separate) This contract is valid from February 1, 2008 to January 31, 2013, in the event that no written notice is given by either of the parties at least one month prior to the expiration of the contract term, this contract shall be automatically extended every one year.

Article 3 (Lease Fees and Taxes and Taxes)

1. The rent for the facilities shall be free of charge until the expiration of the contract term;

Article 4 (Ownership)

1. The ownership of the facility belongs to the Plaintiff until the expiration of the contract term.

Article 6 (Indemnification)

1. If this contract is terminated due to a cause attributable to the defendant, the defendant shall pay the full amount of the facility specified in Article 1(1) and the damages for termination of the contract (30% of the facility amount) to the plaintiff in cash within 30 days from the date of termination

At the same time, the ownership of the facility belongs to the defendant at the same time as the above payment is made, but if the defendant fails to pay the price within the above period, the additional overdue interest shall be paid to the plaintiff from the date of termination of the contract to the date of payment.

The overdue interest rate shall be 24% per annum, and the interest rate shall be changed by applying it when the ground for changing the interest rate arises, such as changes in economic conditions.

In any of the following cases, the plaintiff may terminate the contract under Article 7 (Termination of the Contract):

1. All aspects of the agreement between the Plaintiff and the Defendant.

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